MORAN v. CITY OF ALBANY


73 A.D.2d 1010 (1980)

Lela M. Moran et al., Appellants, and Thomas C. Moran, Sr., as Parent and Natural Guardian of Thomas C. Moran, Jr., Plaintiff, v. City of Albany, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 24, 1980


The sole issue is whether or not the amendment of subdivision 5 of section 50-e of the General Municipal Law by chapter 745 of the Laws of 1976 negated the pre-1976 rule that once the 90 days allowed for service of a notice of claim had expired there could be no judicial extension of such time to serve the notice unless the application for such extension was made within the period specified in the statutue (Schiermeyer v Averill Park Cent. School Dist. No. 1,

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